Case No. IT-98-34-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Fausto Pocar

Registrar:
Mr. Hans Holthuis

Decision of:
18 September 2003

PROSECUTOR

v.

MLADEN NALETILIC, aka “TUTA”
VINKO MARTINOVIC, aka “STELA"

_____________________________________________________________________

DECISION ON PROSECUTION’S REQUEST FOR EXTENSION OF PAGE LIMITS

______________________________________________________________________

Counsel for the Prosecutor:

Mr. Christopher Staker

Counsel for the Defense:

Mr. Matt Hennessy and Mr. Christopher Y. Meek for Mladen Naletilic
Mr. Zelimir Par and Mr. Kurt Kerns for Vinko Martinovic

 

I, Fausto Pocar, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("International Tribunal") and Pre-Appeal Judge in this case;

BEING SEIZED OF “Prosecution’s Request for Authorisation to Exceed the Page Limit for its Response to Mladen Naletilic’s Three Rule 115 Motions" filed on 12 September 2003 ("Request");

NOTING that, in its Request, the Prosecution seeks authorization from the Appeals Chamber to exceed, by 18 pages, the page limit for its response ("Response") to “Mladen Naletilic’s Consolidated Motion to Present Additional Evidence Pursuant to Rule 115, Incorporating His Previously-Filed Motion and Supplement" filed on 8 September 2003 ("Motion"), and submits, inter alia, that the length of the Appellant’s submissions justifies an extension of the page limit; that the Appellant has filed additional evidence concerning a number of different issues; and that the Prosecution also needs to "address its evidence filed in rebuttal";

NOTING that the Appellant has indicated that it has no objection to the Request;

CONSIDERING that, in light of the Appellant’s filing and the need expressed by the Prosecution to address rebuttal evidence, an extension of page limits is justified;

PURSUANT to part (C) 7 of Practice Direction IT/184 Rev. 1;

HEREBY GRANT the Request; ORDER that submissions concerning evidence in rebuttal to the Rule 115 evidence filed to date be included in the Response to the Motion; and AUTHORIZE the Prosecution to file a Response not exceeding 28 pages on this basis.

 

Done in English and French, the English text being authoritative.

Dated this 18th day of September 2003,
At The Hague,
The Netherlands.

_____________
Judge Fausto Pocar

[Seal of the Tribunal]